Madras High Court
R.Thiruvalluvan vs The State Of Tamil Nadu on 19 October, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition Nos.23686, 23689, 23693, 24114,
24411, 24413, 25951, 25994 & 25997 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.10.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition Nos.23686, 23689, 23693, 24114, 24411,
24413, 25951, 25994 & 25997 of 2024
and
W.M.P.Nos.25917, 25920, 25924, 25925, 25928, 25930, 26367, 26368,
26693, 26694, 26696, 26697, 28390, 28391, 28392, 28394, 28395,
28399, 28400 & 28401 of 2024
R.Thiruvalluvan
S/o.N.Ramakrishnan ... Petitioner in W.P.No.23686/2024
S.Prabakaran
S/o.Samandham ... Petitioner in W.P.No.23689/2024
K.Ravichandran
S/o.Kaliyaperumal ... Petitioner in W.P.No.23693/2024
R.Ravi
S/o.R.Rajamani ... Petitioner in W.P.No.24114/2024
M.Balasundaram
S/o.S.Mahadevan ... Petitioner in W.P.No.24411/2024
S.Sridhar
S/o.S.Sadagopan ... Petitioner in W.P.No.24413/2024
S.Gopalakrishnan
S/o.N.Swaminathan ... Petitioner in W.P.No.25951/2024
D.Muthukumaran
S/o.Duraisingam ... Petitioner in W.P.No.25994/2024
https://www.mhc.tn.gov.in/judis
1/19
Writ Petition Nos.23686, 23689, 23693, 24114,
24411, 24413, 25951, 25994 & 25997 of 2024
R.Neelavanan
S/o.M.Rathinam ... Petitioner in W.P.No.25997/2024
Vs.
1.The State of Tamil Nadu,
represented by Secretary to Government,
Higher Education Department,
Fort St.George, Chennai - 9.
2.The Syndicate of Annamalai University,
represented by its Secretary,
Annamalai University,
Annamalai Nagar, Chidambaram.
3.The Registrar,
Annamalai University,
Annamalai Nagar, Chidambaram.
4.The Deputy Director,
Local Fund Audit,
Annamalai University,
Annamalai Nagar, Chidambaram.
5.The Finance Committe of Annamalai University,
represented by its Secretary,
Annamalai University,
Annamalai Nagar,
Chidambaram. ... Respondents in all W.Ps.
Prayer:
W.P.Nos. 23686, 23689, 23693, 24114, 24411 & 24413 of 2024
Writ Petitions filed under Article 226 of the Constitution of
India seeking issuance of a Writ of Certiorarified Mandamus calling for
the records in University Order No.577/2024 on the file of the third
respondent dated 16.07.2024 and quash the same as illegal, incompetent,
https://www.mhc.tn.gov.in/judis
2/19
Writ Petition Nos.23686, 23689, 23693, 24114,
24411, 24413, 25951, 25994 & 25997 of 2024
without jurisdiction and further direct the respondents to grant petitioner
the IV stage of upgradation from the date of completion of 21 years, 28
years, 21 years, 21 years, 21 years, 21 years of service respectively as in
view of the judgment of the Apex Court in (2015) 4 SCC 334 (White
Washers case).
W.P.Nos.25951, 25994 & 25997 of 2024
Writ Petitions filed under Article 226 of the Constitution of
India seeking issuance of a Writ of Certiorarified Mandamus calling for
the records in Office Memorandum No.C2-2/2023, dated 26.12.2023 and
modified notice in Office Memorandum No.C2-2/2024, dated
16.07.2024 on the file of third respondent and quash the same as illegal,
incompetent, without jurisdiction and further direct the respondents to
grant petitioner the IV stage of upgradation from the date of completion
of 21 years of service and III and IV stage of upgradation from the date of
completion of 14 and 21 years of service respectively as in view of the
judgment of the Apex Court in (2015) 4 SCC 334 (White Washers) and
judgment in Civil Appeal Nos.1635 of 2013, dated 08.08.2024.
For Petitioners : Mr.M.Muruganantham
[in all W.Ps.]
For Respondents : Mr.K.Surendran,
[in all W.Ps.] Additional Government Pleader [R1]
Mr.S.Sithirai Anandan,
Standing Counsel [R2 to R5]
*****
COMMON ORDER
https://www.mhc.tn.gov.in/judis
Writ Petition Nos.23686, 23689, 23693, 24114,
24411, 24413, 25951, 25994 & 25997 of 2024
These writ petitions were heard on 04.10.2024 in part and the
following order was passed by this Court:
"These writ petitions have been filed challenging the
proceedings of the Registrar, Annamalai Univerity, as illegal,
incompetent and without jurisdiction and for a further direction to
the respondents to grant the fourth stage of upgradation from the
date of completion of twenty one years of service.
2. The subject matter of challenge in all these writ
petitions either pertains to the show cause notice issued by the
Registrar of Annamalai University or the final order passed by
the Registrar of Annamalai University.
3. The sum and substance of the action taken by the
Annamalai University is that the petitioners were given
upgradation of pay once in seven years as per the decision taken
by the Syndicate of Annamalai University. Accordingly, the first
upgradation was given on the completion of seven years and
second upgradation was given on the completion of 14 years. All
the petitioners joined as drivers during the period from 1992 to
1997.
4. The grievance of the petitioners is that based on the
objections given by the Local Fund Audit, the third respondent
had issued the show cause notice calling for explanation from the
petitioners on the ground that they are entitled for time bound
upgradation only at the end of each ten years at every stage of
service and they cannot be given upgradation at the end of every
seven years. Based on the same, the Registrar of Annamalai
University has re-worked the entire pay on completion of ten
years and on completion of 20 years and thereby, the excess
payment made to the petitioners on the completion of 7 and 14
years respectively was sought to be recovered and the pay of the
petitioners was also sought to be refixed. Aggrieved by the same,
these writ petitions have been filed before this Court.
5. A common counter affidavit has been filed by third
respondent. The third respondent has taken a stand that prior to
2013, the third respondent University granted
upgradation/promotion to the non-teaching staff in four stages.
https://www.mhc.tn.gov.in/judis
Writ Petition Nos.23686, 23689, 23693, 24114,
24411, 24413, 25951, 25994 & 25997 of 2024
Stage I - on completion of 7 years; Stage II - on completion of 14
years; Stage III - on completion of 21 years; Stage IV - on
completion of 28 years. Accordingly, the petitioners were granted
higher scales of pay on completion of 7, 14 and 21 years of their
service. After the University was taken over by the Government,
an objection was raised by the Local Fund Audit on the grant of
four stages of promotion by the third respondent University to all
the non-teaching staff. It is stated that the said practice followed
was not on par with any of the Government Orders and in
Government service, such upgradation/promotion is given only
on completion of 10 years and 20 years in the respective service.
In view of the same, it was decided to refix the pay. To support
this claim, the third respondent has relied upon the judgment of
the Apex Court in P.Singaravelan & Ors. v. The District
Collector, Tiruppur & Ors. [Civil Appeal Nos.9533-9537 of
2019], dated 18.12.2019.
6. In view of the above, show causes notices were
issued to the petitioners. In six of the writ petitions, reply was
also received and final orders were passed and in three writ
petitions, show cause notice itself has been put to challenge. The
third respondent has justified the action taken to refix the pay and
to recover the excess pay made on the ground that objections
were raised by the Local Fund Audit and that the Selection Grade
and Special Grade given to the petitioners on the completion of 7,
14 and 21 years is not in line with the Government Orders and
that such Selection Grade and Special Grade can be granted only
on completion of 10 years and 20 years of service. Since the third
respondent wanted to regulate the pay scales of drivers, necessary
action was initiated and orders were passed in some writ petitions
and in other writ petitions, it is in the stage of show cause notice.
Accordingly, the amount that is sought to be recovered from each
of the petitioner is tabulated in the counter affidavit as hereunder:
S.No. Name Excess pay to be recovered (Rs.)
01. K.Ravichandran 8,04,696
02. R.Ravi 8,04,696
03. M.Balasundaram 8,04,696
04. R.Thiruvalluvan 7,93,707
05. S.Sridhar 7,93,707
https://www.mhc.tn.gov.in/judis
Writ Petition Nos.23686, 23689, 23693, 24114,
24411, 24413, 25951, 25994 & 25997 of 2024
S.No. Name Excess pay to be recovered (Rs.)
06. S.Prabakaran 4,44,867
* 07. S.Gopalakrishnan 16,82,372
* 08. R.Neelavanan 14,46,325
* 09. D.Muthukumaran 12,99,747
Total 88,74,813
7. That apart, the pay of the petitioners has also been
refixed in the following manner:
Name: S.Prabakaran Name : R.Thiruvalluvan Name : K.Ravichandran
Writ Petition Writ Petition Writ Petition No.23693/2024
No.23689/2024 No.23686/2024
Y Date As As per Y Date As per As per Y Date As per As per
e per Gover e Univer Gover e Univer Governme
a Unive nment a sity nment a sity nt
rs rsity r r
s s
7 01.07 II - 7 01.10. II - 7 01.04.1 II -
.2002 (5500/ 2000 (5500/5 999 (5500/5
5500- 500- 500-
175- 175- 175-
9000) 9000) 9000)
1 01.07 - Selecti 1 01.10. - Selecti 1 01.04.2 - Selection
0 .2005 on 0 2003 on 0 002 Grade
Grade Grade (4000/4000
(4100+ (4000/ -100-6000)
35/400 4000-
0-100- 100-
6000) 6000)
1 01.07 III - 1 01.10. III - 1 01.04.2 III -
4 .2009 (1812 4 2007 (17880/ 4 006 (17710/
0) 9300- 9300-
348000 34800+
+4500 4500
G.P) G.P)
2 01.07 - Special 2 01.10. - Selecti 2 01.04.2 - Special
0 .2015 Grade 0 2013 on 0 012 Grade
(19280 Grade (17120)
) (18170
)
Y Date As As per Y Date As per As per Y Date As per As per
e per Gover e Univer Gover e Univer Governme
a Unive nment a sity nment a sity nt
rs rsity r r
s s
2 - - - 2 - - - 2 - - -
https://www.mhc.tn.gov.in/judis
Writ Petition Nos.23686, 23689, 23693, 24114,
24411, 24413, 25951, 25994 & 25997 of 2024
Name: S.Prabakaran Name : R.Thiruvalluvan Name : K.Ravichandran
Writ Petition Writ Petition Writ Petition No.23693/2024
No.23689/2024 No.23686/2024
01.07 70700 64100/ 01.07. 98600/- 44700/- 01.04.2 78200/- 66000/-
Name: S.Sridhar Name : R.Ravi Name : M.Balasundaram
Writ Petition Writ Petition Writ Petition No.24411/2024
No.24413/2024 No.24114/2024
Y Date As As per Y Dat As per As Ye Date As per As per
e per Gover e e Univers per ars Unive Governme
a Unive nment a ity Gover rsity nt
rs rsity r nmen
s t
7 01.0 II - 7 01.04. II - 7 26.05.2 II -
8.20 (5500/ 1999 (5500/5 000 (5500/
04 5500- 500- 5500-
175- 175- 175-
9000) 9000) 9000)
1 01.0 - Selecti 1 01.04. - Select 10 26.05.2 - Selection
0 8.20 on 0 2002 ion 003 Grade
07 Grade Grade (4000/4000
(10360) (4000/ -100-6000)
4000-
100-
6000)
1 01.0 III - 1 01.04. III - 14 26.05.2 III -
4 8.20 (1842/ 4 2006 (17710/ 007 (17780
11 9300- 9300- /9300-
34800 34800+ 34800
+4400 4500 +4500
GP) G.P) G.P)
2 01.0 - Selecti 2 01.04. - Specia 20 26.05.2 - Special
0 8.20 on 0 2012 l 013 Grade
17 Grade Grade (18170)
[37400( (1712
Level 0)
8, Cell
23)]
2 - - - 2 - - - 21 - - -
01.0 68600 44700/- 01.04. 78200/- 66000 01.04.2 78200/ 66000/-
7.20 /- 2024 /- 024 -
Name: R.Neelavanan Name : D.Muthukumaran Name :
Writ Petition Writ Petition No.25994/2024 S.Gopalakrishnan
No.25997/2024 Writ Petition
Y Date As As per Ye Date As per As per Y Date As per As
e per Govern ars Universit Govern e Univer per
a Univ ment y ment a sity Gover
https://www.mhc.tn.gov.in/judis
Writ Petition Nos.23686, 23689, 23693, 24114,
24411, 24413, 25951, 25994 & 25997 of 2024
r ersity r nmen
s s t
7 09.08. II - 7 01.01.2 II - 7 01.08 II -
2005 (5500 006 (5500/550 .2004 (5500/
/5500 0-175- 5500-
-175- 9000) 175-
9000) 9000)
1 09.08. - Selectio 10 13.01.2 - Selection 1 01.08 - Select
0 2008 n Grade 009 Grade 0 .2007 ion
(10670) (10670) Grade
(1036
0)
1 09.08. III - 14 - - - 1 01.08 III -
4 2012 (1856 4 .2011 (1842/
0) 9300-
34800+
G.P)
2 09.08. - Special 20 13.01.2 - Special 2 01.08 - Select
0 2018 Grade 019 Grade 0 .2017 ion
[39700 39700 Grade
(Level (Level 8, [3740
25)] (Level
8, Cell
23)]
2 - - - 21 - - - 2 - - -
01.07. 6600 46000/- 01.01.2 64700/- 46000/- 01.07 68600/- 44700
2023 0/- 024 .2023 /-
8. In view of the above, the third respondent has
sought for the dismissal of these writ petitions.
9. Learned counsel for petitioners, by bringing to the
notice of this Court the Annamalai University Act, 2013,
submitted that the Syndicate has been given sufficient powers
under Section 20 of the Act to prescribe the mode of
appointment, fixation of emoluments and the duties and
conditions of service etc. Pursuant to the same, the Syndicate of
the University took a decision to grant upgradation once in 7
years to the non-teaching staff. Learned counsel submitted that
such decision taken by the Syndicate cannot be interfered based
on objections raised by Local Fund Audit. Learned counsel
further submitted that insofar as the recovery that is sought to be
made against the petitioners, the issue is squarely covered by the
jdugment of the Apex Court in State of Punjab and others v.
Rafiq Masih (White Washer) and others [(2015) 4 SCC 334].
Learned counsel specifically placed reliance upon paragraph
https://www.mhc.tn.gov.in/judis
Writ Petition Nos.23686, 23689, 23693, 24114,
24411, 24413, 25951, 25994 & 25997 of 2024
No.18 of that judgment.
10. Insofar as the refixation of pay is concerned,
learned counsel submitted that the Government cannot refix the
pay with retrospective effect and can redo an exercise which was
validly done by the Syndicate of Annamalai University. Learned
counsel submitted that the Government cannot exercise its
executive power and interfere with a power that was conferred by
the Legislature on the Syndicate of the University. Learned
counsel further submitted that the objections raised by Local
Fund Audit will not empower the Government to interfere with a
decision already taken by the University in accordance with law,
more particularly, where the Syndicate of the University was
conferred with the power of appointment, fixation of pay etc.
Learned counsel, in order to substantiate his submission, relied
upon the judgment of this Court The Madras University Staff
Assocaition v. State of Tamil Nadu [2012 (3) CTC 337] and also
the judgment in Tamil University v. Dr.C.Lakshmanan
[W.A.(MD) Nos.564 & 579 of 2017]. Learned counsel also
placed reliance upon the judgment of the Apex Court in Jagdish
Prasad Singh v. State of Bihar and others [Civil Appeal
No.1635 of 2013, dated 08.08.2024].
11. In the light of the above submission, learned
counsel contended that the impugned proceedings of the third
respondent viz., Registrar of Annamalai University seeking to
refix the pay and to recover the excess pay is illegal and requires
the interference of this Court.
12. Learned Standing Counsel appearing on behalf of
the Annamalai University seeks for some time to make his
submissions.
Post these writ petitions under the caption 'Part-heard
Cases' on 19.10.2024."
2. Heard Mr.M.Muruganantham, learned counsel for
petitioners, Mr.K.Surendran, learned Additional Government Pleader
appearing for first respondent and Mr.S.Sithirai Anandan, learned
https://www.mhc.tn.gov.in/judis
Writ Petition Nos.23686, 23689, 23693, 24114,
24411, 24413, 25951, 25994 & 25997 of 2024
Standing Counsel appearing for respondents 2 to 5.
3. Learned Standing Counsel appearing on behalf of the
Annamalai University submitted that the re-fixation of pay was
necessitated by virtue of the order passed by the Apex Court in Civil
Appeal Nos.9533-9537/19, dated 18.12.2019. This was followed by letter
No.4866/CMPC/2013-14, dated 22.01.2020 whereby the Government,
taking note of the judgment of the Supreme Court, directed all the Heads
of Departments as follows:
"8. Accordingly, the Government directs that the
Drivers are entitled to Ordinary Grade scale of pay a Rs.3200-85-
4900 Selection Grade at Rs.4000-100-6000 and Special Grade
Scale of pay at Rs.4300-100-6000 only. The scale of pay of
Drivers whose Selection Grade/ Special Grade has been fixed
erroneously at Rs.5000-8000 and Rs.5500-9000 has to be refixed
as indicated at para 7 above and excess amount paid on account
of erroneous fixation has to be regulated with effect from the date
of orders of Hon'ble Supreme Court of India in Special Leave
Petition (Civil) No.9560-9561 of 2019 dated : 18-12-2019. All
the Heads of Departments are requested to ensure that the
Selection Grade / Special Grade pay of Drivers are fixed in terms
of Serial No.6 of Schedule II of G.O.Ms.No.162, Finance (Pay
Cell) Department dated 13.04.1998 at Rs.4000-100-6000 in the
Selection Grade and Rs.4300-100-6000 in the Special Grade.
Any failure to adhere the same will be viewed seriously and
responsibility fixed on pay fixing authorities.
9. All Heads of Departments are also requested to
furnish a compliance report to Government indicating that the
Selection Grade / Special Grade pay of the Drivers has been fixed
in terms as ordered by the Hon'ble Supreme Court of India within
https://www.mhc.tn.gov.in/judis
Writ Petition Nos.23686, 23689, 23693, 24114,
24411, 24413, 25951, 25994 & 25997 of 2024
15 days from the date of receipt of this Letter."
4. Pursuant to the above Government Order, the Local Fund
Audit raised objections and a direction was given to the Annamalai
University for regulating the pay of the drivers as per the order passed by
the Supreme Court and the directions of the Government and to re-fix the
pay and to recover the excess amount paid to the drivers towards pay and
allowance.
5. Learned Standing Counsel also brought to the notice of this
Court the regulations, which came into force on 11.02.2020, which
replaces the earlier regulations of the year 1929 whereby it was provided
under Clause 19 as follows:
"19. The pay and allowances admissible to various
categories of posts in the University shall be fixed and revised by
the Syndicate from time to time, in accordance with the orders
issued in Govt.G.O. Such pay fixed or revised shall be on par
with similar posts under the Government and the University
Grants Commission."
6. Learned Standing Counsel also brought to the notice of this
Court the Transitory provisions dealt with under Clause 98 and 101. In
the light of the above materials that were relied upon, it was contended
that the selection grade and special grade of pay fixed to the petitioners
was not in line with G.O.(Ms) No.162, dated 13.04.1998 and therefore,
https://www.mhc.tn.gov.in/judis
Writ Petition Nos.23686, 23689, 23693, 24114,
24411, 24413, 25951, 25994 & 25997 of 2024
the University undertook the exercise of re-fixation of pay and allowance
and for recovering all the excess pay made to the petitioners.
7. Insofar as the issue of recovery of the excess pay is
concerned, learned Standing Counsel submitted that all the petitioners
will come under the category of Group-B employees, who are drawing a
grade pay of Rs.4400-6600. Therefore, the judgment relied upon by
learned counsel for petitioners in White Washer's case, referred supra,
will not come to the aid of the petitioners. Learned Standing Counsel
submitted that the said judgment pertains to a protection that was given
only to those employees, who are in the Group-C and Group-D category.
In the light of the above submission, learned counsel sought for the
dismissal of all these writ petitions.
8. The primary issue that arises for consideration in these writ
petitions is as to whether the proceedings of the Registrar, Annamalai
University refixing the pay of the petitioners and consequently initiating
proceedings for recovery of the excess pay made to the petitioners is legal
and sustainable.
https://www.mhc.tn.gov.in/judis
Writ Petition Nos.23686, 23689, 23693, 24114,
24411, 24413, 25951, 25994 & 25997 of 2024
9. The specific stand taken by the Annamalai University is that
such revision of pay and the recovery was impelled by the order passed
by the Apex Court in Civil Appeal Nos.9533-9537/19, dated 18.12.2019,
which was followed by letter No.4866/CMPC/2013-2014, dated
22.01.2020 and which was directed to be implemented by the Local Fund
Audit.
10. It is not in dispute that the Annamalai University was
originally governed by Annamalai University Act, 1928 and the
regulations of the year 1929. It is also not in dispute that the Syndicate
had taken the decision on 01.10.1994 with respect of
upgradation/promotion to the non-teaching staff in four stages. In line
with this decision, the upgradation was fixed for the petitioners as and
when they complete the particular stage. It is brought to the notice of this
Court that some of the petitioners have reached Stage-III and some are at
Stage-II. The petitioner in W.P.No.23686 of 2024 [R.Thiruvalluvan] has
attained superannuation on 30.09.2024 and has retired from service.
11. In the instant case, as above stated, the decision for
upgradation of the non-teaching staff was taken by the Syndicate on
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Writ Petition Nos.23686, 23689, 23693, 24114,
24411, 24413, 25951, 25994 & 25997 of 2024
01.10.1994. Pursuant to the same, the upgradation is taking place on
completion of 7 years, 14 years and 21 years in three stages. The
Annamalai University Act was passed in the year 2013. The regulations
came into effect only from 11.02.2020. Only by virtue of this regulation,
it was provided that the pay and allowance admissible to various
categories of posts in the Annamalai University can be fixed by the
Syndicate from time to time only in accordance with the Government
Order. Even insofar as the applicability of the fundamental rules are
concerned, it was provided that the regulations will be subject to
modifications or amendments which have to be made by the Syndicate
from time to time in accordance with the Government Orders as and
when situation warrants.
12. The decision was taken to re-fix the pay scale by relying
upon G.O.(Ms) No.162, dated 13.04.1998. This Government Order
provided for selection grade and special grade pay only on completion of
10 years, 20 years and 30 years of service. For the purpose of complying
with this Government Order, the University has undertaken the process of
re-fixation since the petitioners were getting this benefit on the
completion of 7 years, 14 years and 21 years.
https://www.mhc.tn.gov.in/judis
Writ Petition Nos.23686, 23689, 23693, 24114,
24411, 24413, 25951, 25994 & 25997 of 2024
13. The order of the Supreme Court relied upon pertains to such
fixation of selection grade and special grade for the Car drivers belonging
to the High Court. While dealing with that issue, the High Court held that
the pay scale of the drivers employed at the High Court must be fixed in
line with the Government Order issued by the State Government in
G.O.(Ms) No.162, dated 13.04.1998. This order, which became the basis
for initiating action against the petitioners, does not have a direct bearing
insofar as the case of the petitioners is concerned. The above order of the
Supreme Court had resulted in the issuance of a Government letter dated
22.01.2020, which was followed by the Local Fund Audit objection. If at
all, the order passed by the Supreme Court and the Government letter
issued thereafter will have an impact on the staff belonging to Annamalai
University, it can only be after the coming into force of the regulations
dated 11.02.2020. This regulation contemplated that the pay and
allowance can be fixed only in accordance with the Government Orders
issued by the State Government. When the decision was taken by the
Syndicate for fixing the upgradaion of pay in the year 1994, the
University was governed only by the 1929 regulation, which did not have
any similar provision. Hence, the Syndicate had the complete authority to
fix the pay and allowance to various categories of posts in the Annamalai
https://www.mhc.tn.gov.in/judis
Writ Petition Nos.23686, 23689, 23693, 24114,
24411, 24413, 25951, 25994 & 25997 of 2024
University.
14. The regulations dated 11.02.2020 cannot be given a
retrospective effect and it cannot withdraw whatever benefits have
already been given to the staff long before the regulations came into
effect. In fact, the terms of the regulations cannot be read to the extent of
refusing the terms and conditions of service of employees to their
detriment by defeating the rights and privileges that have already accrued
in favour of the employees/staff.
15. The 2020 regulations can only have a prospective effect and
after the coming into force of this regulation from 11.02.2020, the pay
and allowance will have to be necessarily fixed in line with the
Government Orders issued by the State Government. Hence, none of the
petitioners or other similarly placed persons, can hereafter seek for any
grade pay by placing reliance upon the old regulation and the decision
taken in the year 1994. Whatever benefits have already accrued in favour
of the petitioners will remain in tact since the Syndicate had conferred
such benefits and the Syndicate had all the powers to take such a decision
during the relevant point of time. This was done much prior to the coming
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Writ Petition Nos.23686, 23689, 23693, 24114,
24411, 24413, 25951, 25994 & 25997 of 2024
into force of the Annamalai University Act in the year 2013 and the
regulations in the year 2020.
16. In the light of the above discussion, this Court holds that the
benefit that has already accrued in favour of the petitioners cannot be
taken away to the detriment of the rights and privileges of the petitioners,
which was conferred by the Syndicate at the relevant point of time. As a
consequence, the decision taken by the Annamalai University to re-fix the
scale of pay of the petitioners and consequently, recovering the excess
amount paid to the petitioners is unsustainable and illegal.
17. It is also made clear that the petitioners will not be entitled
for any benefits henceforth unless it is in line with the provisions of the
Annamalai University Act, 2013 and regulations which came into effect
on 11.02.2020. Whatever benefits to which the petitioners are entitled for
or which flows in their favour by virtue of this order shall be extended to
the petitioners forthwith.
In the result, all these writ petitions are allowed and the
relevant impugned orders and show cause notices, which have been
challenged in these writ petitions, are quashed. No costs. Consequently,
connected miscellaneous petitions are closed.
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Writ Petition Nos.23686, 23689, 23693, 24114,
24411, 24413, 25951, 25994 & 25997 of 2024
19.10.2024
Neutral Citation: Yes/No
Index: yes/no
Speaking Order/Non-Speaking Order
gm
To
1.The Secretary to Government,
Higher Education Department,
Fort St.George, Chennai - 9.
2.The Secretary,
Syndicate of Annamalai University,
Annamalai University,
Annamalai Nagar, Chidambaram.
3.The Registrar,
Annamalai University,
Annamalai Nagar, Chidambaram.
4.The Deputy Director,
Local Fund Audit,
Annamalai University,
Annamalai Nagar, Chidambaram.
5.The Secretary,
Finance Committe of Annamalai University,
Annamalai University,
Annamalai Nagar, Chidambaram.
https://www.mhc.tn.gov.in/judis
Writ Petition Nos.23686, 23689, 23693, 24114,
24411, 24413, 25951, 25994 & 25997 of 2024
N.ANAND VENKATESH, J
gm
Writ Petition Nos.23686, 23689, 23693, 24114,
24411, 24413, 25951, 25994 & 25997 of 2024
19.10.2024
https://www.mhc.tn.gov.in/judis
